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8C Consent 2021 0201
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8C Consent 2021 0201
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1/27/2021 9:02:02 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
2/1/2021
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ATTACHMENT A <br />DRAFT <br />30 of 53 <br /> <br />for which each worker was paid less than the prevailing wage rate. If a subcontractor worker <br />engaged in performance of the services described in Exhibit A is not paid the general prevailing <br />per diem wages by the subcontractor, the Contractor is not liable for any penalties therefore unless <br />the Contractor had knowledge of that failure or unless the Contractor fails to comply with all of the <br />following requirements: <br /> <br />1. The contract executed between the Contractor and the subcontra ctor for the performance <br />of part of the services described in Exhibit A shall include a copy of the provisions of <br />California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. <br /> <br />2. The Contractor shall monitor payment of the specified general prevailing rate of per diem <br />wages by the subcontractor by periodic review of the subcontractor’s certified payroll <br />records. <br /> <br />3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of <br />wages, the Contractor shall diligently take corrective action to halt or rectify the failure, <br />including, but not limited to, retaining sufficient funds due the subcontractor for performance <br />of the services described in Exhibit A. <br /> <br />4. Prior to making final payment to the subcontractor, the Contrac tor shall obtain an affidavit <br />signed under penalty of perjury from the subcontractor that the subcontractor has paid the <br />specified general prevailing rate of per diem wages for employees engaged in the <br />performance of the services described in Exhibit A and any amounts due pursuant to <br />California Labor Code Section 1813. <br /> <br />C. In accordance with California Labor Code Section 1776, the Contractor and each subcontractor <br />engaged in performance of the services described in Exhibit A shall keep accurate payroll reco rds <br />showing the name, address, social security number, work, straight time and overtime hours worked <br />each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, <br />or other employee employed in performance of the services described in Exhibit A. Each payroll <br />record shall contain or be verified by a written declaration that it is made under penalty of perjury, <br />stating both of the following: <br /> <br />1. The information contained in the payroll record is true and correct. <br /> <br />2. The employer has complied with the requirements of Californ ia Labor Code Sections 1771, <br />1811, and 1815 for any work performed by the employer’s employees on the public works <br />project. <br /> <br />The payroll records required pursuant to California Labor Code Section 1776 shall be <br />certified and sent directly to the Labor Commissioner, and available for inspection by the <br />Owner and its authorized representatives, the Division of Labor Standards Enforcement, the <br />Division of Apprenticeship Standards of the Department of Industrial R elations and shall <br />otherwise be available for inspection in accordance with California Labor Code Section <br />1776. <br /> <br />60
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